Madras High Court
Baskaran vs Mariappan on 6 March, 2023
Crl.O.P.(MD)No.16415 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.03.2023
CORAM
THE HON'BLE MR.JUSTICE K.K. RAMAKRISHNAN
Crl.O.P.(MD)No.16415 of 2017
and Crl.M.P.(MD)Nos.10888 & 10889 of 2017
1.Baskaran
2.Pothiraj
3.Dhamodharan
4.Kasiammal
5.Annalakshmi ... Petitioners
Vs.
Mariappan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, to call for the records relating to the case in
C.C.No.409 of 2017 on the file of the Judicial Magistrate No.III,
Tirunelveli and quash the same by allowing this criminal original
petition.
For Petitioners : Mr.P.Samuel Gunasingh
For Respondent : Mr.Jegadeesh Pandian
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.16415 of 2017
ORDER
Accused in C.C.No.409 of 2017 filed this petition to quash the
proceedings pending before the Judicial Magistrate No.III, Tirunelveli,
for the alleged offence under Sections 348, 324,330 and 388 IPC.
2. On 27.04.2016 at 9.00 a.m, the petitioners are all police officers
attached with the Sivakasii Town Police Station and illegally trespassed
into the house of the defacto complainant and assaulted her husband and
the same was intercepted by the complainant and she was also attacked
by the petitioners. The police officers forced to admit the guilt of the
murder of one Raj which was taken place in the Narikudi village and
obtained signature in the blank papers and threatened not to disclose the
above incident to anybody. So, the defacto complainant preferred a
complaint before the jurisdictional police and the same was not accepted
by the police officers and hence he preferred a private complaint under
Section 200 Cr.P.C. The learned Judicial Magistrate was pleased to take
the cognizance against the petitioners under Sections 348, 324,330 and
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Crl.O.P.(MD)No.16415 of 2017
388 IPC and challenging the same, the petitioners filed this quash
petition by raising the various grounds mentioned in the memo of
grounds of appeal.
3.The learned counsel for the petitioners submits that without
considering the previous antecedents of the defacto complainant
including robbery case in and around Tirunelveli District, the learned
Judicial Magistrate passed cryptic order and the same was not in
accordance with the law laid down by the Hon'ble Supreme Court in a
judgment reported in (2015) 4 SCC 609 in a case of Sunil Bharti Mittal
Vs. Central Bureau of Investigation and also law laid down by this
Court in a judgment reported in (2019) 3 MLJ (Crl) 339 Shanmugam
and others Vs.Inspector of Police, Ariyalur Police Station, Ariyalur
and others.
4.The learned counsel for the respondent fairly submits that the
order is not in-consonance with the law laid down by the Hon'ble
Supreme Court and the Hon'ble Supreme Court repeatedly directed the
learned Judicial Magistrate before taking cognizance on the basis of the
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Crl.O.P.(MD)No.16415 of 2017
private complaint ought to have applied his mind and pass the reasoned
order of taking cognizance.
5. So both counsels agreed to remand the case to the learned
Judicial Magistrate for proper consideration.
6. In the said circumstances, the case is remitted back to the
learned Judicial Magistrate No.III, Tirunelveli to pass order of
cognizance by passing the reasoned order with specific finding against
the individual accused with application of mind and directed to consider
the principle laid down by the Hon'ble Supreme Court in various cases
and also the judgment reported in (2015) 4 SCC 609 and this Court
judgment reported in (2019) 3 MLJ (Crl) 339.
7. With the above observations, this criminal original petition is
allowed. Consequently, connected miscellaneous petitions are closed.
06.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gns
Note: Issue Order copy on 03.05.2023
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.16415 of 2017
To
1.The Judicial Magistrate No.III,
Tirunelveli
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.16415 of 2017
K.K. RAMAKRISHNAN,J.
gns
Crl.O.P.(MD)No.16415 of 2017
06.03.2023
https://www.mhc.tn.gov.in/judis
